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Apr 22, 2013
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>> the -- the decision not to read miranda rights was made by the federal officials. this is a unique clause to the terrorism law that we've not dealt with at the local level before. so, we are standing by and watching that at this point in time to see how that develops. but, the lawyers are involved in the decision, and certainly we're very anxious to talk to him, and the investigators will be doing that as soon as possible. >> commissioner over the weekend i heard you say you believe you found evidence your offices did you believe that these brothers were planning some kind of another attack, or at least prepared for it. tell us about that. >> the two suspects were armed with handguns at the scene of the shoot-out. and there were multiple explosive devices, including a large one that was similar to the pressure cooker device that was found on boylston street. i saw that with my own eyes. i believe that the only reason that someone would have those in their possession was to further attack people and cause more -- more death and destruction. >> it was an arsenal that
>> the -- the decision not to read miranda rights was made by the federal officials. this is a unique clause to the terrorism law that we've not dealt with at the local level before. so, we are standing by and watching that at this point in time to see how that develops. but, the lawyers are involved in the decision, and certainly we're very anxious to talk to him, and the investigators will be doing that as soon as possible. >> commissioner over the weekend i heard you say you...
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Apr 22, 2013
04/13
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they've chosen to question him without reading him miranda rights. what does that mean for any information they might be getting? >> well, it's very important to the people -- we've been talking a lot about miranda and i think it's important for people to understand what it does and doesn't mean. if you are questioned without your miranda rights, all that means is that the statements you make cannot be used against you in a criminal court. they can be used against other people. they can be used as leads to other inquiries. and you can still be prosecuted with lots of other evidence. all it means is that those statements cannot be used against you. from what it certainly appears there is lots of other evidence against this fellow. so the fact that the government might be giving up the chance to use some of it is not much of a sacrifice on the part of the government. >> he also at this point could indicate he wants an attorney and doesn't want to answer any questions, correct? >> absolutely. even when someone doesn't get miranda rights, the statements
they've chosen to question him without reading him miranda rights. what does that mean for any information they might be getting? >> well, it's very important to the people -- we've been talking a lot about miranda and i think it's important for people to understand what it does and doesn't mean. if you are questioned without your miranda rights, all that means is that the statements you make cannot be used against you in a criminal court. they can be used against other people. they can...
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Apr 24, 2013
04/13
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essentially admitted to doing it, and i want to say with a very important caveat, before he was read his miranda rights. >> there's no such thing as a slam dunk in criminal law. but this is as close as you get. you've got video tape putting him at the scene. you have a motive in terms of what he's had to say. plus, you have a guy in a car that admissions were made to. it goes on and on. now, could he beat the death penalty? maybe that's a possibility. what should the defense's strategy be. the shoe bomber obviously now serving life, but did not get the death penalty because of your defense. what can the defense possibly do? >> well, they're going to be focused on mitigation at this point, thinking about the possibility of the death penalty. they're going to be looking into his background. they're going to be having him evaluated, potentially, by, you know, forensic evaluations, by psychologists. they're going to be looking at his state of mind. >> it seems like the defense may try to say he was under the influence of his older brother and be some way to mitigate his defense or say he is brainwas
essentially admitted to doing it, and i want to say with a very important caveat, before he was read his miranda rights. >> there's no such thing as a slam dunk in criminal law. but this is as close as you get. you've got video tape putting him at the scene. you have a motive in terms of what he's had to say. plus, you have a guy in a car that admissions were made to. it goes on and on. now, could he beat the death penalty? maybe that's a possibility. what should the defense's strategy...
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Apr 20, 2013
04/13
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don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably see the rand pauls, the far right come around and defend his rights and vice versa, but this is something that we saw fought over time and time again when george bush was president. ironically, three republican senators or at least the two, mccain and graham were defending the liberal point of view saying don't torture. >> the argument, should the suspect be treated as part of al qaeda and taliban basically. it was authorization for use of force. the question is does it even apply? >> right. >> and will it matter. and then the other question you're going to get to is if we had been warned by t
don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably...
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Apr 20, 2013
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why does the miranda issue matter? >> it really matters on whether there will be able to determine if there is other further threats and whether there will be able to prosecute him in federal court. and as soon as they mirandize him and give him the right to a lawyer, they know they can use those statements against him in court. if they don't do that, they will have a very tough time using any evidence they collect from him before that time against him in a federal courtroom. >> put yourself in the shoes of the obama administration. they want to know as much as they can about how this happened so as to not make -- make sure it doesn't happen again. if he lawyers up, if he is read his miranda rights, he probably will be advised not to cooperate and not to say anything. isn't it just to play devil's advocate in the best interests of the nation to withhold on doing that for a second and gets a much information as they can? >> well, it's a very tough decision, but really the exception they're using is the public safety exc
why does the miranda issue matter? >> it really matters on whether there will be able to determine if there is other further threats and whether there will be able to prosecute him in federal court. and as soon as they mirandize him and give him the right to a lawyer, they know they can use those statements against him in court. if they don't do that, they will have a very tough time using any evidence they collect from him before that time against him in a federal courtroom. >> put...
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Apr 23, 2013
04/13
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all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done before in american history to have some sort of hybrid combatant and criminal proceeding. we do know from jake tapper's reporting, there was an interrogation of tsavraev. and he did disclose his position that there was no broader conspiracy here. just him and his pressure. it seems like the justice department and the fbi have done the kind of interrogation that at least -- that lindsey graham seems to want to have been done, perhaps not as extensive as it might have been. but there was a premiranda interrogation and authorities can work with that, at least now going forward. >> i think that's a fair point.
all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done...
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Apr 20, 2013
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. >> no miranda warning could you explain that? >> the fbi may want to explain that in a federal issue. >> had the boat then searched earlier in the day? >> know it had not. rights no miranda warning. >> there is a public safety exemption in cases of national security and potential charges involving acts of terrorism. the government has the opportunity right now, though i believe the suspect has been taken to a hospital. thank you. >> [indiscernible] >> this is still an ongoing investigation. we will be reviewing all of the evidence. before that canada decision is made, in terms of whether or not to seek the death penalty, you review all of the evidence and it is a very thoughtful, on process that is engaged. it is the attorney general of the department of justice that make that final decision. >> [indiscernible] straight to the boat. can you talk about what happens when you are on the scene, was he moving around? how did you know there was a chance to take him into custody ? >> we know he did not go straight to the goat area on th
. >> no miranda warning could you explain that? >> the fbi may want to explain that in a federal issue. >> had the boat then searched earlier in the day? >> know it had not. rights no miranda warning. >> there is a public safety exemption in cases of national security and potential charges involving acts of terrorism. the government has the opportunity right now, though i believe the suspect has been taken to a hospital. thank you. >> [indiscernible] >>...
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Apr 20, 2013
04/13
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he's now arrested he was not read his miranda rights. federal agents electing, instead, to invoke the public safety threat exemption. th allows them to continue questioning him. meantime, on the other side of the police tape, as everything was happening here, of the celebrations were building. people were huddled around radios, as they got news they wanted to hear, cheers went out from the people of this little town, watertown. and after it was all done, a great cheer went out and spontaneously the people elected toine both sides of the road. forming a gauntlet, a makeshift parade as the emergency crews and tactical teams started leaving this location. they cheered for them, came out with patriotic songs. some of the people said they're glad it's over, they're glad that the suspect survived because he can be questioned. they also said that now is the time to remember people like sean collier, the massachusetts institute of technology campus policeman who was killed in the early stages of that frenzy and chase that ensued a day or so ago.
he's now arrested he was not read his miranda rights. federal agents electing, instead, to invoke the public safety threat exemption. th allows them to continue questioning him. meantime, on the other side of the police tape, as everything was happening here, of the celebrations were building. people were huddled around radios, as they got news they wanted to hear, cheers went out from the people of this little town, watertown. and after it was all done, a great cheer went out and spontaneously...
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Apr 23, 2013
04/13
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osama bin laden's son and law is in federal court -- the federal system today, was read his miranda rights. he has never been designated. can you imagine what a sum of bin laden's son in law can tell us about the terrorist organization put he was the spokesman after 9/11. there is a disturbing pattern of not gathering intelligence when that opportunity exists. they care very much. i have to go. we will go next door to answer any questions that you have about the act by and we are going to observe a moment of silence for the folks in boston. [captions copyright national cable satellite corp. 2013] [captioning performed by national captioning institute] >> stakeholders testified on capitol hill on the immigration bill. john mccain, chuck schumer, dick durbin, lindsey graham, robert menendez, marker rubio, jeff flake, and michael bennett are the architects of the legislation. >> about the problems with the program, and i am happy we will find a way with this improved program to make this work better. sometimes the alphabet soup of immigration programs and the endless rules can get confusing.
osama bin laden's son and law is in federal court -- the federal system today, was read his miranda rights. he has never been designated. can you imagine what a sum of bin laden's son in law can tell us about the terrorist organization put he was the spokesman after 9/11. there is a disturbing pattern of not gathering intelligence when that opportunity exists. they care very much. i have to go. we will go next door to answer any questions that you have about the act by and we are going to...
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Apr 16, 2013
04/13
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or even a person of interest because you don't want to do that because it might invoke some rules of miranda, was the person in custody, was a custodial interrogation. if a prosecution comes forward can they get somebody who was tried in the case. an phone can come back and throw this statement or this confession or this statement out because the rights were violated of this individual. i think that's really important. i think it's significant that they at least were saying person of interest, someone they were questioning. the burns i think is also indicative somebody was very close to the blast point. that's important. >> one second. we will get back to the panel in a second. there's a press conference at massachusetts general hospital of which we were just speaking and we will take that. >> right now the hospital is operating in a business as usual mode with the exception just of some heightened security, of which i am sure you are aware. >> questions for the doctor? >> the nature you are of the injuries? >> these are blast-type injuries. these are very high force, high impact type injuri
or even a person of interest because you don't want to do that because it might invoke some rules of miranda, was the person in custody, was a custodial interrogation. if a prosecution comes forward can they get somebody who was tried in the case. an phone can come back and throw this statement or this confession or this statement out because the rights were violated of this individual. i think that's really important. i think it's significant that they at least were saying person of interest,...
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Apr 22, 2013
04/13
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i do not care if you read people their miranda rights, but do not shut down the intelligence gathering process. on the way he agreed to cooperate is the fbi flew to his family and his parents convinced him. hadtimes square bomber, he pakistan taliban ties and was read his miranda -- render rights and we never interrogating him for intelligence gathering purpose. osama bin laden's father-in-law was never designate and -- and an enemy -- son in law was never designated an enemy combatants. can you imagine what he could tell us? he was the spokesman for al qaeda after 9/11. there was a disturbing pattern of not gathering intelligence when that opportunity exists. i will grab a pen and pad and we will go next door and i will answer questions about what you have about the fbi. we're way to observe a moment of silence here for the folks in boston. >> she was very bright, very political, which is why she and lincoln got together in the first place. she spoke several languages fluently. she was extremely well educated. she had all of these things going for her, but she had suffered a series of
i do not care if you read people their miranda rights, but do not shut down the intelligence gathering process. on the way he agreed to cooperate is the fbi flew to his family and his parents convinced him. hadtimes square bomber, he pakistan taliban ties and was read his miranda -- render rights and we never interrogating him for intelligence gathering purpose. osama bin laden's father-in-law was never designate and -- and an enemy -- son in law was never designated an enemy combatants. can...
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Apr 18, 2013
04/13
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look, i have no doubt under obama they will get their miranda rights read to them, but should they? >> if they are declared enemy combat evans, are we dealing with domestic or foreign origin. are we naturalized is the sense of the united states which we have seen in other individuals who have committed acts of terror against the united states. if they are anne
look, i have no doubt under obama they will get their miranda rights read to them, but should they? >> if they are declared enemy combat evans, are we dealing with domestic or foreign origin. are we naturalized is the sense of the united states which we have seen in other individuals who have committed acts of terror against the united states. if they are anne
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Apr 20, 2013
04/13
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>> there was no miranda warning could we get an explanation for that? >> there is a public safety issue for acts involving terrorism. the government has an opportunity right now though i believe the suspect has been taken to a hospital. i'm sorry. what i indicated earlier is that this is still an active, an ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it's a very thoughtful, long process that is engaged and it's the attorney general of the department of justice that makes that final decision. i'm sorry. >> can you talk to us a little bit about what happened when you were on the scene? was he moving around? how did you know it was finally a chance to take him into custody? >> we know he didn't go straight to the boat. we set up the perimeter with the best intentions with a lot of information. we found blood in a car that he abandoned and blood inside a house in the perimeter. as we said, it was very ch
>> there was no miranda warning could we get an explanation for that? >> there is a public safety issue for acts involving terrorism. the government has an opportunity right now though i believe the suspect has been taken to a hospital. i'm sorry. what i indicated earlier is that this is still an active, an ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review...